Deepening a Navigational Passage in a Mariculture Lease

I received this yesterday.  I had a thought about 2 avenues that haven't been tried,: both involve lawyers, but shouldn't be very expensive.

1. Notice to landowners.  Both marinas feel cheated, as they weren't aware of the meeting.  Was the notification adequate?  Should Islands Trust have used the local papers, should local mailings been made?  Obviously the notification wasn't adequate if interested parties weren't aware of the meeting.  Perhaps another meeting could be forced.  Check out legal options. 

2. The issue of maintaining the waterway hasn't been dealt with adequately.  I feel we are being fobbed off by various levels of government with a "don't worry, it'll be all right" attitude.  Get a legal stay of proceedings implemented until Islands Trust can show HOW the cut can be maintained.  The email below details a starting point.  Fortunately there is no gag order on this email. 

In assume if the cut could be maintained as a waterway, the rezoning would be acceptable. 

I cc'd e-spokes and The Quarterly as well - I think public exposure on this could only help.

We still have a little time as third reading on Bylaw 97 has not been done yet.

Arthur Gooding

Begin forwarded message: 

Hi Arthur,

The Fisheries Protection Program (FPP) does not review projects that are a part of an aquaculture licence and the regulations stipulated under the licence. If the project you wish to conduct is not within the regulations of the licence, we can review your project through our request for review process. Below is some general information about our process for projects near water. 

The Fisheries Act requires that projects avoid causing serious harm to fish unless authorized by the Minister of Fisheries and Oceans Canada.

Please review the Self-assessment guidance on DFO’s “Projects Near Water” website assists proponents in deciding whether to submit their project for DFO review.  The website includes information on how to comply with the Fisheries Act, request a DFO review of a project, and request a Fisheries Act Authorization.

Ultimately, the proponent is responsible for being in compliance with the Fisheries Act. If, after considering all project planning options, they are uncertain whether the project is in compliance with the Act, then their best option is to engage DFO via the project review process.

A qualified environmental professional (QEP) may be able to assist you in designing your project so as to avoid serious harm to fish.

Projects Near Water Website: http://www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html

I believe you may have called as well? If you have any further questions, please feel free to call me.

Regards, 

Kristin Singer

Biologist, Fisheries Protection Program

Fisheries and Oceans Canada/Government of Canada

kristin.singer@dfo-mpo.gc.ca/Tel: 250 756-7252 

La protection des pêches Progamme

Pêches et Océans Canada/Gouvernement du Canada

kristin.singer@dfo-mpo.gc.ca/Tél: 250 756-7252

Submitted by Arthur Gooding

Projects Near Water Website: http://www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html